Children’s Hearings (Scotland) Act 2011

162 Appeal to sheriff against decision to implement secure accommodation authorisation

(1) This section applies where a relevant order or warrant made in relation to a child includes a secure accommodation authorisation.

(2) A relevant order or warrant is—

(a) a compulsory supervision order,

(b) an interim compulsory supervision order,

(c) a medical examination order,

(d) a warrant to secure attendance.

(3) The child or a relevant person in relation to the child may appeal to the sheriff against a relevant decision in relation to the authorisation.

(4) A relevant decision is a decision by the chief social work officer—

(a) to implement the authorisation,

(b) not to implement the authorisation,

(c) to remove the child from secure accommodation.

(5) An appeal under subsection (3) may be made jointly by—

(a) the child and one or more relevant persons in relation to the child, or

(b) two or more relevant persons in relation to the child.

(6) An appeal must not be held in open court.

(7) The Scottish Ministers may by regulations make further provision about appeals under subsection (3).

(8) Regulations under subsection (7) may in particular—

(a) specify the period within which an appeal may be made,

(b) make provision about the hearing of evidence during an appeal,

(c) make provision about the powers of the sheriff on determining an appeal,

(d) provide for appeals to the sheriff principal and Court of Session against the determination of an appeal.

(9) Regulations under subsection (7) are subject to the affirmative procedure.